Additional public comment will be taken until July 31, 2011. A notice of this extension will be published in the Federal Register. The agency’s have stated that this change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.

The guidance (click here) is not binding and does not have the force of law. However, these agencies intend to prepare a Notice of Proposed Rulemaking as well. This guidance has been criticized as another attempt by government to over reach by taking over more control of water and private lands (click here).